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While most people categorized as employees have access to workers’ compensation coverage through their employer, not every employee who files a claim over a work-related injury or illness will get the outcome from their case that they want. It is not uncommon for workers’ comp claims to be contested or denied by the injured worker’s employer or insurance provider over details like insufficient evidence or typographical errors.
As with most legal proceedings, you have a right to retain an experienced workers’ compensation attorney and formally appeal any decision made about your workers’ comp claim that is not in your favor. To receive a positive result from this often-complicated process, you will need help from a Bala Cynwyd workers’ compensation appeals lawyer from Lowenthal & Abrams who has handled similar situations successfully in the past.
How to File an Appeal for a Workers’ Comp Claim
In Pennsylvania, injured workers cannot proceed with an appeal immediately after a claim denial. First, they will need to contest their claim denial by requesting and attending a hearing before a workers’ compensation judge where both sides, the worker and their employer/insurance provider, will present evidence and testimony in an attempt to convince the judge to rule in their favor.
When that workers’ comp judge rules against the injured person after this hearing, they have 20 days to complete and mail an Appeal Form to the Pennsylvania Workers’ Compensation Appeal Board (WCAB) alongside a copy of the judge’s ruling. The WCAB will then schedule another hearing for both sides to present oral arguments for consideration, which will usually be preceded by written briefs submitted to the board by both sides. A well-versed Bala Cynwyd workers’ compensation appeals attorney can provide crucial help with compiling and presenting this information so that your case is strong.
What Happens if the Initial Appeal Is Rejected?
An unfavorable verdict from the WCAB is not necessarily the end of the road for a workers’ comp claim. After receiving notice of the board’s decision, an injured worker who wants to continue appealing their case has 30 days to file another appeal to the Pennsylvania Commonwealth Court, which would then review the WCAB’s decision and determine whether it was free of legal errors and based on a reasonable amount of convincing evidence.
When the Commonwealth Court also rules against them, the last step in the appeals process for a Bala Cynwyd workers’ compensation claim is filing a Petition for Allowance of Appeal with the Pennsylvania Supreme Court, and an attorney can help with this step. The Supreme Court can then choose to hear the appeal and issue a verdict following its own review of available evidence, or it can rule that the Commonwealth Court’s decision should stand. Either way, the Supreme Court’s decision is final and cannot be appealed.
Contact a Bala Cynwyd Workers’ Compensation Appeals Attorney for Assistance With Your Claim
Appealing a decision on your workers’ comp claim that did not go the way you wanted it to can be a vital means of protecting your rights and prospects in the wake of a work-related injury or illness. However, it can also be difficult to get a good result from this process, especially without support from seasoned legal counsel.
A qualified Bala Cynwyd workers’ compensation appeals lawyer can be an irreplaceable ally from start to finish of your case. Our knowledgeable attorneys at Lowenthal & Abrams will work tirelessly to get you the benefits you deserve. Call today for a consultation.
